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Im sorry but I agree with your findings re the car, the debt attached to it and a DRO. From the knowledge of DRO's I have so far, I do think you would be at great risk of having the worst of both worlds, sorry.

Im sure you have thought about this already, but id be negligent if I didnt mention it, Have you appealled the DLA decision ? You normally only have one month to do so, but an absolute limit of one year, in 'certain circumstances' which are not defined.

Failing that why not make a new application ? With a new claim or an appeal it is important to get help from an 'experienced person' which would be a welfare rights specialist at the CAB, Law centre, or Local council.

OK, North East Derbyshire CAB, and debt doctor, time for me to be a bit selfish and think about me and mine for a change.

I have been trying to keep my OH's creditors at bay using the CCA angle, which out of all her creditors has been successful so far bar two.

One has yet to start any legal proceedings, but that is most likely just a matter of time, the only other problem issued CCJ proceedings last august that we successfully defended in February this year and got the case struck out, but due to a (dubious) technicality, the claimant has managed to get that judgement ignored (not set aside to the best of my knowledge, but the court has not said that in so many words, so don!!!8217;t quite get it myself but that is a side issue right now)

Now my OH is insolvent, so I have been trying to avoid the inevitable really, but going BR for her poses a problem.

Up until the end of last year my OH was registered disabled, but thanks to the latest crack down last year her re-newel was refused, she used to get higher rate mobility lower rate care, on which basis she got a car on HP, now before you ask , when she started getting disability they only gave it one or two years at a time, which 8 (or more I think it is know) years ago stopped her getting a mobility vehicle as they required three years award before you qualified.

But that was not a major problem as she could get private finance, so that!!!8217;s what she did.

Fast forward to now and she no longer gets disability, but is left with a car on HP, which is a couple of years of the point we could send it back with no penalty, incidentally, she failed to get DLA based on a medical she had to attend for incapacity benefit, thing is that medical was to asses her mental state as she was on IB for sever depression, nothing to do with here disability, which is a lower back problem, which an operation failed to cure(and made worse in my opinion, but that is yet another issue) so god knows how they reached that conclusion to disallow her DLA on that medical.

Now our sole income is IB and CTC/CB, so keeping up those re-payments on the car are a struggle to say the least, but regardless of disabilities departments decision, she/we can not do without the car.

That said even if we could we are still trapped.

If my OH filed under the DRO the HP could not be included as far as I can see unless the car had been re-possessed and therefore the HP was no longer secured.

Yet there is a BR clause in the HP contract, so if my OH went for a DRO the HP Company could foreclose, take the car, and come after my OH for the shortfall, which by my calculations will be 3-4k.

The trouble is we have no way of knowing if they will use that clause, and to be honest im not sure that clause is even legal under the unfair terms in contracts act (or whatever it is called) if the payments are up to date, I have a strong feeling it is not, but am not sure enough to risk it.

But this would not be included in the DRO as it was not a debt that could be included at the time, so we would end up with no car, yet a debt for more than the car is now worth.

We have no chance finding the fees for a full BR to protect us from that possibility of the HP re-po!!!8217;ing the car and the liability that would leave us with, so as far as I can see we are trapped, unless either of you two can see an answer in all that lot?

At this stage we could not really say anything different to Debt Doctor other than to tell you that the HP issue amongst others have been picked up on here also.

One line in the Insolvency Service Intermediary DRO Guidence notes that relates to DLA may interest you, it goes like this- 'All benefits should be scheduled, including DLA and in the instance of DLA , it is acceptable to record the same amount as expenditure'

We have contacted a number of people at the Insolvency Service / OR office concerning further clarification with regards to DLA & bankruptcy since one of our previous posts with you and intend to make a statement on here soon.

The key words / phrases here at the moment are Voluntary contributions & no enforcement and our position is still that DLA should NOT be used in any calculation towards any IPA or IPO.

Thanks DD for the reply, was hoping you may have had some extra info that may have helped, it was worth a try.

As for DLA, she wont stand a chance at the moment, if my fathers case is anything to go by, he has just tried for DLA as he can now hardly walk, yet they have turned him down, and turned down his appeal on the medical he had, but having said that the medical was a farce, and he has proved it, and triggered a full enquiry into the guy who conducted it

The whole system is a farce at the moment, but then you probebly already knew that

As I understand it your partner has had her DLA stopped after a review of her claim?

You have either asked for the decision to be Looked at again or have had a full tribunal hearing?

If the decision has been looked at again and the decision has not been favorable then you still have the option of asking for a a full appeal using form GL24 this application has to be made within one month of the last decision. you Will need to specify your grounds for requesting an appeal.

If there has been a change of circumstances since the decision was originally made for example the condition has worsened or there is a new condition then it is advisable to make a new claim as well as appealing the original. the Tribunal can only consider information/circumstances that was available at the time of the decision.

If you have already been to a full appeal and unless the tribunal has made an error in Law then a new claim is probably the only option, again this most appropriate where the condition has worsened or there is a new condition for example the severe depression?

It is important to consider that DLA is a benefit that is awarded for the effects of an illness on a persons ability to care for themselves and/or their mobility needs, not the illness it self.

It is important to get as much supporting evidence as possible form any professional dealing with the person involved, however it is also important that those professionals are aware how the illness is effecting the persons ability to care or be mobile. I have often seen reports to the disability service from GP's who are supportive of their patients but know very little about their patients day to day needs - so let them know before applying. GP will often write a report supporting a claim however they will often charge for this too or refuse as the DWP will request a report anyway so best to let them know you are applying.

You as a carer also have a role in this and it is often helpful to have a detailed report form a carer showing what help is provided on a daily basis.

It is also worth getting a full benefit check, now as well as after any award of DLA as an award of DLA can mean you are entitled to other benefits for example carers allowance income support due to increased premiums which also applies to local housing allowance and council tax benefit.

I do not see why if your wife satisfies the conditions for DLA why you should be put off claiming by the (bad) experiences of others.

Is the DRO definatly coming into place on the 6th april? also my sole income is benefits, carers allowance, DLA, child benefit and Child tax credits, which would be counted as income for working out the "£50 excess income" rule? i have a telephone app with cccs on monday will i be able to speak to them with regards to setting up a DRO when its up and running?

i have spoken to cccs today for debt advice appoitment, with regards to a dro the lady said that dla is counted as income for it as are all other benefits, so i think a dro is going to have a very limited number of people who it benefits

I am a student, I have a creditors notice for £6hundred and something, I have a credit card debt outstanding somewhere in the region of £4,000, but they don't have my address, so I'd need to change it, I've not made any payments for a while.

I have an overdraft of £1,000. I live at home with my parents, when I go back into work I will start paying them rent....I don't believe I have any assests worth over £300, and I would imagine that in the current car market my car can't be much over £1,000. If it was, would I be able to make my dad the car's actual owner, and I just have the use of it?!

It would be lovely to be able to do this, and come out of uni with the option of a fresh start....particularly since I want to do a post graduate, but will need to get the money behind me before hand, which I wont be able to do if I am trying to pay my debts off.....I'm aware that I don't have an awful lot, and that it's my own fault for getting into this mess.....but I think that it's best to get rid and start afresh, even if the details are on my credit file....I'm not planning on getting a house anytime soon, I don't want to be able to have an overdraft facility or credit cards....this is why I got into the mess....can anyone advise?! Many thanks

i have spoken to cccs today for debt advice appoitment, with regards to a dro the lady said that dla is counted as income for it as are all other benefits, so i think a dro is going to have a very limited number of people who it benefits

One line in the Insolvency Service Intermediary DRO Guidence notes that relates to DLA may interest you, it goes like this- 'All benefits should be scheduled, including DLA and in the instance of DLA , it is acceptable to record the same amount as expenditure'

I think I fall into this catorgory,
I owe £5000, on a DMP, to 2 creditors(intrest still being added) and £500 to family
I was made redundant, (no lump sum pay off) and currently unemployed
no assets, no disposible income,
savings of £600 I'm thinking of using this for BR

If anyone has more info about DRO i would be very gratefull

PROUD TO BE DEALING WITH MY DEBT NERD #869

“

Numpty,Not sure why but I'm crying . Of all the peeps on this board you're the kindest & most supportive of all & I'm & for you all at the same time . Wish I was there to give you a big & emergency hobnobs
xx

Hi Numpty. What are your job prospects? Is it likely you will find something soon or do you think it may take longer? How long is your DMP and do you intend on paying back the £500 to the family member?

Hi everyone,
I have read this thread and am disappointed to see that we are now 16th march and that no one seems to know much more about this, DRO.
This seems surprising if it is to begin in a couple of weeks. very worrying.
Going off soon to see if I can find anything more on the web about this, but I'm guessing I won't find much info, other than whats already been posted.

I have a couple of questions, My apologies if they have been answered else where..........................
Are CCJ's covered in the DRO?, I suspect so, but am wondering.

Also if I understand it, If a debt was say forgotten about or you don't know who is dealing with it at present (lets face it some debts go astray for years even though you live at the same address for those years, they then rear their ugly heads.) and you do not include it what happens then if you have gone down this DRO route.
Is it that the whole DRO becomes void? I see that yes it is revoked, so a question...............
How would they find out about the undisclosed debt? What ever way it wasn't disclosed EG. because the person had forgotten about it, it would look like the applicant had just declined to include it.

It would be good to see what expenses would be allowed too. Could it be very strict or are we just assuming this. Would telephone, TV license be allowed for example, I have no idea, was wondering if anyone has anymore knowledge n this subject.
It seems to me that there is obviously a realization that this is needed, lots of us in our 20's 30's 40's etc. will be in debt still when we are in the old folks home. Unable to get even a small amount of credit, (Not that I want any) but if they want to give folk a second chance to manage their funds a little better and to join the real world again, this looks like its the way to go for people on lower incomes.
Simon Cowell was BR, now look what he spends in our economy.
I look forward to hearing more on this subject. Thanks SN.

I think it starts on 6th April,
Do you know any more about it other than what is posted.
My OH owes £16 grand so its no good for him, back to the struggle.
To date these debts have been kept at bay and in dispute for a year as they cannot provide a CCA.
I thought his debt was under £15 grand but just added it up and its not,
Mind you it would be if we claimed bank charges but one of these debts has gone to court and we defended so it is stayed at present. So I can't claim the charges as far as I understand, unless it carries on and we counter claim. Thats how I understand it anyway.
Oh what a pickle.
Good luck to your OH when he applies.
Please post back with his experience so it helps others.
It is a route I could take if I can include the CCJ, but at present I have read the link to the info but don't quite understand if you can include CCJ or not.

Thankfully his debts are circa 5k and hes on benefits so should qualify,. He was on a DMP with CCCS but I was struggling to support us without the money he paid to them. I reckon most of the remaining debt is made upof interest and charges anyway. He doesnt want to go down that route so hopefully this will clear it. I will post how he gets on.

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